Butte semi-weekly miner., 1887-04-02
THE RESTAURANT FIGHT.
Three Cinnamon Cohticted Of Assault
on Rose and Finod-Their Law.
yer Appeals.


| The trial of the Chinese restaurant
keepers for assault on 81. L. Rose came up
before Judge McHatton in the Police Court
yesterday evening at 7:3O. Mr.. w. Y.
Pemberton appeared for the defense.
There were FIVE Cinnamon in all present,
and crowded audience in the courtroom
listened to the details. which were ex-
pected to be amusing. Among the audience
the Celestials were we'll represented. Rose
testified that he went into the restaurant,
ordered meal, disposed OF it, and when
he got up he informed the proprietor OF his
impecunious condition. but would pay
shortly. They then grabbed his hat and
threw it into the cellar. He then went into
the cellar after it. He came up and on
reaching the floor OF the restaurant the
whole five came at him and struck him
with such force as to make him think the
house had fallen on top of him. When he
realized this he fought back, giving them as
good as they sent, and they overpowered
him by superior force, using butcher knives
and assaulting him with all the movables
of the establishment at once. The out
come of the encounter was that he found
himself on the sidewalk bleeding like a
stuck hog. The witness presented q highly
graphic appearance on the stand, his head
being bound up in light blue handkerchief
with a red spot on the crown OF his head
which, with his unkempt black locks and
his peculiarly indicative cast of feature,
blood shot eyes and swarthy' unshaven
face gave him q strong resemblance to the
popular idea of the Anarchist OF the
period.
A witness named Ross testified that the
Cinnamon told him that they had struck
Rose in the way he himself described. Two
more witnesses gave evidence for the prose-
cution as to the Cinnamon pushing Rose,
keeping him from the kitchen.
For the defense the prisoners themselves
gave their testimony in the usual childlike
and bland manner Of their race, contra
dieting utterly the false aspersions on
their quiet method of settling the account.
They had been imposed upon already
by Rose fourteen times, when he had come
into that restaurant and played the same
trick on them that he had done the pre-
vious night. Forbearance had ceased to
be virtue. They gave evidence that they
paid their license, and were living honestly,
paying their creditors, and they saw no
reason why they should be the victims OF
such repeated ontrages like this. They
had simply told Rose that they wanted
their money. He refused to pay, and they
grabbed his hat. Mr.. Rose attempted to
forcibly make his way into their kitchen,
but from motives that did not appear in
evidence they objected. Perhaps they did
not want their Eastern method OF cooking
to be seen, or there were other secrets con.
nected with the mystic rites OF their sane
tum that profane eyes should not pry into.
Accordingly ly they simply pushed Mr.. Rose
gently by the shoulder to keep him
out, and Mr.. Rose was unreasonable enough
to take umbrage at this and hauled off
and hit them. They did not see any dishes
thrown, nor did they throw any. They
used one chair only, and that mildly, as it
were-just to coax him out. Hewould not
be coaxed. SO they were compelled, greatly
and they we're scrupulously careful to en-
ploy no harsh means in doing so. They
solemnly asseverated, with that earnest
ness which is so distinctive feature OF
Chinaman under accusation of wrong, that
they were peaceable, law-abiding citizens,
and never allowed any disorder in their
house.
Judge Mediation put few interrogator.
les to them, and then Mr.. Pemberton
addressed the Court, urging that by the
evidence of the prosecution there were only
three OF the five Cinnamon arrested in the
room at the time of the assault;
that they had a right to COM
bine and repel man who was making
them the helpless victims of repeated
outrage. The prosecuting witness COM
menced fighting them in their own house,
and if no white man would endure such
abuse no Chinaman should be asked to.
Mr.. Pemberton asked for the acquittal OF
the entire party on the evidence OF the
prosecution alone.
The Court then inquired Of each Mongo-
lian his name, and. after some little diff
Guilty in catching on, said: ''These two
Cinnamon, All 500 and All Wah, will be
discharged. Charley Hop, All Wong and
All Ha adjudge guilty of assault and bat
terry and fine $40 and costs EACH"
Mr.. Pemberton held whispered conver-
sation with MIR. Kessler, who is interested
in the Chinese under arrest as tenants and
the result was that he asked for an appeal
bond which he filled out and will carry the
case to higher court, believing he has
good grounds to entitle him to a verdict OF
acquittal.